Drug Charges Lawyer in Whittier, CA. Drug crimes in Whittier, CA, come in many forms. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from methamphetamine to heroin. The fallout from a drug crime conviction can turn your world upside down.
You need someone who can guide you to a positive outcome. You need Whittier, CA's premier criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local Whittier drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To begin fighting the charges, call our attorneys at (800) 755-5174 or tell us about your case online right away.
Whittier, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over how a Whittier, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Whittier, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and diversionary programs we can help you explore.
If you want to read about a specific topic, click on the appropriate link in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Whittier, CA, NOW
- Common Drug Types and Their Penalties
- Different Types of Drug Charges in Whittier, CA
- Intersections Between Drugs and DUIs in Whittier
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Whittier, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Whittier, CA, Today
- All Drug Crime Allegations Our Team Will Fight Against
Don't Waste Time: Contact a Whittier, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Whittier, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning there's always a risk of an extended stay in jail.
The first reason you need a drug charges lawyer without hesitation is to explain the charges. A simple possession case looks very different from a drug trafficking case, and your defense attorney needs to know how to fight your particular charges.
The second reason to contact a local Whittier, CA, drug charges lawyer right away is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. A drug charges attorney can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Acting fast gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we act early enough.
Whittier, CA, Drug Types and Their Penalties:
When picking a Whittier, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A synthetic drug closely related to methamphetamine. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug derived from a South American plant It is taken in a variety of ways. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. The state tends to impose harsh penalties in heroin cases. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Sentences vary significantly by the type of drug, quantity, any prior convictions, and the accusation you're facing. As a general framework:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- Possession for sale, sale, transport, or manufacturing are are more serious charges. Most accusations are felonies, and the sentence can change based on the specific drug and amount involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call our office for a free case review and we'll walk you through what you're actually facing.
Marijuana in Whittier, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since it has been legalized for recreational use, marijuana (AKA cannabis) allegations in Whittier, CA, frequently center around when and where it is used. As an example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- In most cases, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Whittier, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, we are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Whittier, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Whittier, CA, area. Whatever charges you are facing, we're ready to defend your innocence. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Whittier, CA. These can be charged for any illegal substance and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Whittier, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can be by your side every step of the way.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine specifically falls under HS 11377. Generally, these possession charges are handled as misdemeanors.
Drug Production/Transport/Distribution Charges
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
These charges are almost always treated more harshly than possession/use charges. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
Relevant statutes: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. When charged as a felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). If convicted, you are looking at an even harsher sentence — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, but they share one common attribute: They don't exist on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Whittier, CA, drug crimes lawyer to defend you in these cases, so that they can fight both the base charge and the enhancement.
Federal Drug Charges
A federal drug charge could fall into any of the three categories above. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to drug smuggling, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a an experienced criminal defense lawyer who's prepared to fight the United States government. Our firm will conduct investigations, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable result for your case.
Whittier, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of circumstances, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing this type of charge, you need more than a drug charges lawyer. You also need an expert Whittier, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Whittier, CA, it can feel impossible trying to decide the right person to represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to look for in your drug defense attorney:
- Vast Experience defending clients in your situation
- Personal Experience as a prosecutor
- Relationships with prosecutors and judges in your jurisdiction
- A History of Positive Outcomes against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined courtroom experience, including working for the district attorney's office. We know judges and attorneys throughout California. And we have delivered many victories for Californians.
You can trust us to always be upfront with your case, and you can get a hold of us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Whittier, CA, and you should have a tailored defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Didn't Belong to You: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover law enforcement agent coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you need a drug crimes defense attorney in Whittier, CA, contact an attorney at our offices today.
Whittier, CA, Drug Charge Diversion Options:
Whittier has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Whittier, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. It generally involves drug education classes, sobriety requirements, and regular drug testing. If you go through the PC 1000 program and complete it without any issues, your original charges are dismissed, keeping a criminal conviction off of your record. This protects you from many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it takes a different approach than a typical diversion program.
Under the 2024 law, To qualify, an individual must have at least two prior drug convictions on their record. If so, the new charge can be handled as a "treatment-mandated felony," rather than a misdemeanor as originally charged.
If you're facing this charge, you have a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); fail or refuse treatment, and you face the felony charge, and risking up to three years behind bars. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Whittier, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
For immigrants in Whittier, CA, a drug conviction can be far more damaging than the criminal penalty alone — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can affect lawful permanent residents ("green card" holders) as well as visa holders, and it applies regardless of whether the state court sentence includes any jail time.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is ordinarilly grounds for deportation, but is not automatically classified as an "aggravated felony" — this means that you'll have access to some important immigration relief options.
- Possession for sale, sale, or trafficking convictions are not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation with little to no opportunity for relief or future re-entry.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea deal to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because the conviction, regardless of the sentence, has such a big immigration impact, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder up against a drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
An arrest can appear on some background checks even without a conviction. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be eligible to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Whittier, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders need immigration-aware counsel handling both the criminal case and any later cleanup.
What's the difference between PC 1000 and Proposition 36 diversion?
The main difference is in who can apply to each program: For PC 1000, first-time, low-level possession alleged offenders can get the charges dropped through a treatment and drug testing program. The 2024 version of Proposition 36 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in Whittier, CA?
For most first-time possession cases in Whittier, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Whittier, CA
This isn't a time to settle for "good enough." Your future matters, and it depends on picking the right attorney. Fortunately, we're here to help.
The Whittier, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We defend all kinds of major criminal charges, including drug crime allegations. We will always be honest with you and will fight for the best outcome possible.
The Law Offices of David S. Chesley also offers the following legal services in Whittier, CA:
- Domestic Violence Lawyer
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Whittier drug charges defense lawyer now at (800) 755-5174 or tell us about your case online for a no-strings case evaluation.
Drug Charges Our Lawyers Fight in Whittier, CA:
- Bringing Drugs into a Jail or Prison
- Cocaine
- Cultivation of Marijuana
- Drug Crimes with Firearm Enhancements
- Drug Diversion Programs
- Drug-Free School Zone Violations
- Drug Possession for Sale
- Drug Trafficking
- Ecstasy
- Federal Drug Charges
- Fentanyl
- Fentanyl-Specific Enhancements
- Hard Drug Possession
- Heroin
- Illegal Search and Seizure Defense in Drug Cases
- Maintaining a Place for Drug Sales/Use (HS 11366)
- Manufacturing or Producing Controlled Substances
- Marijuana
- Marijuana Charges
- Methamphetamine
- Opioids
- PC 1000 Drug Diversion
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Prescription Drugs
- Proposition 36
- Sale of Controlled Substance
- Transportation of a Controlled Substance
- Under the Influence of a Controlled Substance (HS 11350)
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